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Judicial Reform: More than ever to be able to have absolute power in Congress

Judicial Reform: More than ever to be able to have absolute power in Congress


The legislators of Morena presented an initiative to blind the Constitution against any legal recourse in the different bodies of the judicial power, encabezados by the Suprema Corte de Justicia de la Nación (SCJN).

This means that there is no right of amparo or other legal tools that invalidate a reform approved and published in the Carta Magna, such as the case of the judicial reform that seeks the popular election of judges and magistrates, contrary to what various appeals have been made to detain her.

The proposal, announced by Adán Augusto López, coordinator of the senators of Morena, will modify articles 1, 103, 105 and 107 of the Constitution. Basically, it is about eliminating conventional control, it is decided that the laws of Carta Magna are revised in accordance with international legal treaties and conventions. This means that the Constitution regains its “supremacy” over any other law.

Other modifications may prevent legal recourses and claims, such as actions of unconstitutionality or amparo courts, unlike changes that are made to the maximum in the legal document of the country.

“The reforms to the Constitution are the most sober expression of the Mexican people, it is a collective political decision, claiming a particular democratic dignity,” said Adán Augusto López Hernández when announcing the initiative.

Ricardo Monreal, head of the federal deputies of Morena, explained that this proposal must “avoid any arbitration, invasion of the sphere of competence and also the discretionary use of the justice bodies”.

Opposition lawmakers are protesting against what they consider “the most dangerous reform for the legal order in history,” said Senator Clemente Castañeda (MC).

“We are creative: if the regime wants to ban women’s votes or approve presidential re-election, it can do so, because it can challenge a position of this caliber,” manifesto.

Carlos Burguete, sociocriminalist of LVMG lawyers, alerted that there was no defense mechanism before any other initiative aimed at modifying the Constitution, even if Mexico’s international treaties are part of it, for example, those that have seen with the defense of human rights or minorities, for example indigenous peoples.

The professor and academic of law of the Pan American University (UP), Armando Cruz Covarrubias, pointed out that the party or group in power can modify the Constitution with enthusiasm, it can argue that there are no controversies on human rights or the Charter. Magna.

“When there is a majority, like the case of present-day Mexico as part of a political party, you can remove any thing from the Constitution and decide that it is constitutional because it is in the Constitution , which means it is arbitrary and it is arbitrary. that affects. Ya no hay revisión de nada”, explained.

Héctor Ruiz López, lawyer and maestro in Derecho Constitucional y Amparo, affirmed that the main intention of the initiative is not to revise the legislative process to approve constitutional reforms, without protection of the city.

Concern for the “Constitutional Supremacy” initiative

The PAN, PRI and MC benches of the Senate of the Republic launched the reform initiative called “Constitutional Supremacy” announced by Adán Augusto López, coordinator of Morena in the Senate, who presented before the entire modification plan of articles 1, 103, 105 and 107 of the Carta Magna so that there is no legal recourse in the judiciary or that a reform is invalidated.

The initiative, announced in a meeting with the national president of Morena, Luisa María Alcalde, was also published in the Gaceta Parlamentaria. She was confirmed by more than 50 senators from Morena, PT and PVEM. It turns out that how to proceed is immediately dictated.

In this regard, Senator Clemente Castañeda indicated that the implications of this reform are people without mechanisms to defend any constitutional reform that gives their rights.

“To scale gravity, Morena has control of the Executive, the Union Congress and Local Legislatures. If this reform is underway to exercise absolute control over the regime and be able to protect the constitutional rights of this and future generations,” said the MC senator.

“Ojalá en Morena has someone with high politics to keep this barbarity alive. The human rights of people are at stake. “The Ciudadano Movement dares to fight, with arguments and ideas, to face this serious regression,” expressed the emecist.

“With this measure, what is sought is to establish an authoritarian regime. It is not a constitutional reform, it is an expression of Morena’s authoritarianism,” said the leader of the panist group, Guadalupe Murguía.

Senator Alejandro Moreno, director of the PRI, said the reform initiative represented “an atropelle” to the legislative process.

“It is an authoritarian act that seeks to consolidate power and call out the opposition that is unable to do so. It is important that officialism recognizes the errors in the reform of the judiciary and seeks corregirls, literally, to the brava”, he expressed.

Academics and civil servants also generated reactions. Javier Martín Reyes, constitutional lawyer of UNAM, explained that the initiative was a refused admission to reform. “If it is necessary to declare that the constitutional reforms will not be contestable, it is because they are today,” he wrote in the social network X.

Roberto Gil Zuarth, former president of the Mexican Chamber of Senators, asked: “Why is Morena accelerating a new constitutional reform to hold the hands of the judiciary and to rectify the pro persona principle? Morena’s new reform initiative at CPEUM is, without exaggeration, a soberana stupidez,” mentioned the lawyer specializing in tax defense.

Before this initiative, Centro Prodh pointed out that the inviolability of constitutional reforms represented a return to human rights.

“The reform that is proposed in terms of impugnability of constitutional reforms modifies article 1 of the Constitution, which is thus expensive and which is key to incorporating the international treaties which protect people the most. For her, it is a retrocession to human rights,” expressed the NGO in its account of X.

Agencies

¿Qué es y qué changed?

The initiative consists of modifying articles 1, 103, 105 and 107 of the Constitution to prevent a reform published by the sea from being able to exist against it in court.

  • In 103: “As for the exception of the dispute in the previous fractions, the reforms and additions to this Constitution, its form, its procedure and its substance, against which does not allow justice or any remedy, in any case .
  • And the 105 is added: “These are constitutional controversies or actions of unconstitutionality which aim to contest the decisions or reforms of this Constitution, including the deliberative, legislative and correlative process up to the vote, as well as anything that may contest the resolutions or declarations of the competent authorities in electoral matters”.
  • And the 107 is added: “The court of amparo will not proceed against the modifications or reforms of this Constitution, including the deliberative, legislative and correlative voting process, as well as all persons who seek to challenge the resolutions or declarations of the competent authorities in matters electoral”.

Claudia discusses the theme of inversion with Carlos Slim

President Claudia Sheinbaum had her first formal meeting with entrepreneur Carlos Slim and Francisco Cervantes, president of the Entrepreneur Coordinating Council (CCE), at the National Palace.

This meeting marks a key moment in the relationship between the new government and the commercial sector.

Slim and Cervantes were received by the presidential assistant in access to Corregidora street, who expected to share a meal with the head of the federal executive and where the entrepreneur expressed that he was a first objective to design projects for the country.

This meeting between the President and Slim took place a week after Claudia Sheinbaum participated in the Mexico-U.S. CEO Dialogue, where she announced reversals for more than $20 million for the next year in Mexico and when specialists consider that it is necessary to redoblar esfuerzos in economic matters.

Agencies

Acercamiento con conjuntos planes

Entrepreneur Carlos Slim reported that he had broached the topic of private inversion. “A lot of potential, a lot of strength for those who strive to do things with the United States whenever it is most and most important,” he said.

CT

Themes

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